Petitioner sought quashing of an FIR under Section 482 CrPC. Following a valid compromise endorsed by the complainant, the court allowed the petition and quashed the FIR and subsequent proceedings, relying on Full Bench principles regarding settlement.
FIR No.44 dated 18.6.2008 and all subsequent proceedings are quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.18837-M of 2008
DATE OF DECISION : AUGUST 13, 2008
GURMAIL SINGH
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr.PK Ganga, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. Mr. Atul Yadav, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of Criminal Procedure, seeking quashing of FIR No.44 dated 18.6.2008 under Sections 279, 338, 427, 337, 304-A, Indian Penal Code, Police Station, Bareta, District Mansa (Annexure P-1).
The contention of the learned counsel for the petitioner is that the petitioner and respondent No.2-complainant have entered into a compromise. The compromise deed has been placed on record as Annexure P-2.
Reply has also been filed on behalf of Gurcharan Singh, respondent No.2-complainant, who is present in court and has been identified by Atul Yadav, Advocate. Gurcharan Singh has also endorsed the factum of compromise.
Criminal Misc.18837-M of 2008
2
Learned counsel for the respondent-State states that he has no objection to the quashing of the FIR, in view of the compromise arrived at between the parties.
I have considered the contentions of the learned counsel for the petitioner. I have also taken note of the fact that the offence is under Section 304-A, Indian Penal Code, wherein no mensrea is involved. The sons of the complainant have also signed the compromise deed as they would be the affected persons as also the complainant, who is the brotherin-law.
This Court in a full Bench (5 Judges) has considered the issue of quashing of proceedings in view of compromise in Kulwinder Singh vs. State of Punjab, 2007(3) RCR(Criminal) 1052 (Full Bench). The following has been held in paras 28 to 30:-
“28. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.
Criminal Misc.18837-M of 2008
3
In view of the fact that the parties have entered into a compromise and the compromise deed has been placed on record as Annexure P-2, which has been duly endorsed by the complainant in court, the petition is allowed, FIR (Annexure P-1) along with subsequent proceedings, is quashed.
August 13, 2008 ( AJAI LAMBA ) Kang JUDGE
2 issues framed by the court
Whether the powers under Section 482 CrPC can be exercised to quash FIR proceedings based on a compromise between the parties.
Whether a compromise relevant to a non-cognizable offence under Section 304-A IPC can be a ground for quashing criminal proceedings.
Colour shows how this judgement treated each authority
Kulwinder Singh vs. State of PunjabExplained¶20
Kulwinder Singh vs. State of Punjab, 2007(3) RCR(Criminal) 1052 (Full Bench)
2 provisions across 2 enactments
GURMAIL SINGH
STATE OF PUNJAB
GURCHARAN SINGH
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
